The Bill of Rights is the first 10 Amendments to the Constitution. It spells out Americans’ rights in relation to their government. It guarantees certain rights and liberties to the individual—like freedom of speech, freedom of the press, and freedom of religion. It requires due process of law for certain offenses and reserves all powers not delegated to the Federal Government to the people or the States. And it specifies that “the enumeration of the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” [archives.gov]

The First Amendment provides that Congress shall make no law respecting an establishment of religion or prohibiting its free exercise. It protects freedom of speech, the press, assembly, and the right to petition the Government for a redress of grievances.

The Second Amendment gives citizens the right to bear arms.

The Third Amendment prohibits the government from quartering troops in private homes, a major grievance during the American Revolution.

The Fourth Amendment protects citizens from unreasonable search and seizure. The government may not conduct any unreasonable search without a warrant, and such warrants must be issued by a judge and based on probable cause.

The Fifth Amendment provides that citizens are not to be subject to criminal prosecution and punishment without due process. Citizens may not be tried on the same set of facts twice and are protected from self-incrimination (the right to remain silent). The amendment also establishes the power of eminent domain, ensuring that private property is not seized for public use without just compensation.

The Sixth Amendment assures the right to a speedy trial by a jury of one’s peers, to be informed of the crimes with which one is charged, and to confront the witnesses brought forward by the government. The amendment also provides the accused the right to compel testimony from witnesses, as well as the right to legal representation.

The Seventh Amendment provides that civil cases preserve the right to trial by jury.

The Eighth Amendment prohibits excessive bail, excessive fines, and cruel and unusual punishments.

The Ninth Amendment states that the list of rights enumerated in the Constitution is not exhaustive, and that the people retain all rights not enumerated.

The Tenth Amendment assigns all powers not delegated to the United States, or prohibited to the States, to either the States or the People. [www.whitehouse.gov]

Fruit of Poisonous Tree Doctrine

Evidence which is spawned by or directly derived from an illegal search or illegal interrogation is generally inadmissible against the defendant because of its original taint, though knowledge of facts gained independently of the original and tainted search is admissible. This doctrine is to the effect that an unlawful search taints not only evidence obtained at the search, but facts discovered by the process initiated by the unlawful search. This doctrine is generally applied to cases involving searches in violation of the Fourth Amendment to the Constitution right against unlawful searches and seizures, but it can be applied to searches in violation of the statutory right. [Black’s Law Dictionary]

Advisement of Rights: Miranda

Ernesto Miranda, a Mexican immigrant living in Phoenix, Arizona, was identified in a police lineup by a woman, who accused him of kidnapping and raping her. Miranda was arrested and questioned by the police for two hours until he confessed to the crimes. During the interrogation, police did not tell Miranda about his Fifth Amendment protection against self-incrimination or his Sixth Amendment right to an attorney. The case went to a trial in an Arizona state court and the prosecutor used the confession as evidence against Miranda, who was convicted and sentenced to 20 to 30 years in prison. Miranda’s attorney appealed to the Arizona Supreme Court, which upheld the conviction. Then he appealed to the United States Supreme Court, which agreed to hear it along with four similar cases. In taking the case, the Court had to determine the role police have in protecting the rights of the accused guaranteed by the Fifth and Sixth Amendments.

On June 13, 1966, the Supreme Court ruled 5-4 in favor of Miranda. This decision gave rise to what has become known as the Miranda Warning. [uscourts.gov]

U.S. Federal Law Enforcement Training Center (FLETC)

FLETC trained its law enforcement officers to advise suspects of their Miranda rights as follows:

Before asking any questions, ask if the person is willing to answer questions. If the response is yes, then advise of the Miranda warnings. If the response is no, do not question nor give the Miranda warnings. If there has been no request for counsel, you may return later to attempt questioning.

A waiver is not presumed because the person is silent after the warnings are given.

Advisement of Miranda [i.e., Miranda Warning]:

You have the right to remain silent.

Anything you say can be used against you in court.

You have the right to consult with an attorney and to have them present during questioning.

If you cannot afford an attorney, one will be appointed to represent you prior to any questioning.

Do you understand your rights?

Are you willing to waive these rights and talk to me? [FLETC, February 1995]

The waiver takes approximately 30 seconds to read aloud (depending on the individual’s understanding of these rights).